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    California Builders Right To Repair Current Law Summary:

    Current Law Summary: SB800 (codified as Civil Code §§895, et seq) is the most far-reaching, complex law regulating construction defect litigation, right to repair, warranty obligations and maintenance requirements transference in the country. In essence, to afford protection against frivolous lawsuits, builders shall do all the following:A homeowner is obligated to follow all reasonable maintenance obligations and schedules communicated in writing to the homeowner by the builder and product manufacturers, as well as commonly accepted maintenance practices. A failure by a homeowner to follow these obligations, schedules, and practices may subject the homeowner to the affirmative defenses.A builder, under the principles of comparative fault pertaining to affirmative defenses, may be excused, in whole or in part, from any obligation, damage, loss, or liability if the builder can demonstrate any of the following affirmative defenses in response to a claimed violation:


    Building Consultant Contractors Licensing
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    Commercial and Residential Contractors License Required.


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    Building Industry Association Southern California - Desert Chapter
    Local # 0532
    77570 Springfield Ln Ste E
    Palm Desert, CA 92211

    Anaheim California Building Consultant 10/ 10

    Building Industry Association Southern California - Riverside County Chapter
    Local # 0532
    3891 11th St Ste 312
    Riverside, CA 92501
    Anaheim California Building Consultant 10/ 10

    Building Industry Association Southern California
    Local # 0532
    17744 Sky Park Circle Suite 170
    Irvine, CA 92614

    Anaheim California Building Consultant 10/ 10

    Building Industry Association Southern California - Orange County Chapter
    Local # 0532
    17744 Skypark Cir Ste 170
    Irvine, CA 92614

    Anaheim California Building Consultant 10/ 10

    Building Industry Association Southern California - Baldy View Chapter
    Local # 0532
    8711 Monroe Ct Ste B
    Rancho Cucamonga, CA 91730

    Anaheim California Building Consultant 10/ 10

    Building Industry Association Southern California - LA/Ventura Chapter
    Local # 0532
    28460 Ave Stanford Ste 240
    Santa Clarita, CA 91355
    Anaheim California Building Consultant 10/ 10

    Building Industry Association Southern California - Building Industry Association of S Ca Antelope Valley
    Local # 0532
    44404 16th St W Suite 107
    Lancaster, CA 93535
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    Building Consultant News and Information
    For Anaheim California


    Back Posting with Thoughts on Lien Waivers

    Select the Best Contract Model to Mitigate Risk and Achieve Energy Project Success

    A Quick Virginia Mechanic’s Lien Timing Refresher

    Boys (and Girls) of Summer: New Residential Solar Energy System Disclosures Take Effect January 1, 2019

    Virginia Tech Has Its Own Construction Boom

    Federal Lawsuit Accuses MOX Contractors of Fraud

    Judicial Panel Denies Nationwide Consolidation of COVID-19 Business Interruption Cases

    Understanding Lien Waivers

    The Law Clinic Paves Way to the Digitalization of Built Environment Processes

    Need and Prejudice: An Eleventh-Hour Trial Continuance Where A Key Witness Is Unexpectedly Unavailable

    Ex-Pemex CEO Denies Allegations of Involvement in Brazil Scandal

    New Case Alert: Oregon Supreme Court Prohibits Insurer’s Attempt to Relitigate Insured’s Liability

    Property Owner Entitled to Rely on Zoning Administrator Advice

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    Use Your Instincts when Negotiating a Construction Contract

    Sales of New Homes in U.S. Increased 5.4% in July to 507,000

    Illinois Law Bars Coverage for Construction Defects in Insured's Work

    Study Finds Mansion Tax Reduced Sales in New York and New Jersey

    Following Pennsylvania Trend, Federal Court Finds No Coverage For Construction Defect

    Illinois Court Addresses Rip-And-Tear Coverage And Existence Of An “Occurrence” In Defective Product Suit

    Bel Air Mansion Construction Draws Community Backlash

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    Connecticut Court Holds Unresolved Coverage Issues Makes Appraisal Premature

    CDJ’s #3 Topic of the Year: Burch v. The Superior Court of Los Angeles County, 223 Cal.App.4th 1411 (2014)

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    Ten-Year Statute Of Repose To Sue For Latent Construction Defects

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    Real Estate & Construction News Roundup (04/18/23) – Clean Energy, Critical Infrastructure and Commercial Concerns

    Additional Dismissals of COVID Business Interruption, Civil Authority Claims

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    Reasonableness of Liquidated Damages Determined at Time of Contract (or, You Can’t Look Back Again)

    Traub Lieberman Partners Dana Rice and Jason Taylor Obtain Summary Judgment For Insurance Carrier Client in Missouri Federal Court Coverage Action

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    ANAHEIM CALIFORNIA BUILDING CONSULTANT
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Anaheim, California Building Consultant Group provides a wide range of trial support and consulting services to Anaheim's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

    Building Consultant News & Info
    Anaheim, California

    Suffolk Construction Drywall Suits Involve Claim for $3 Million in Court Costs

    November 11, 2024 —
    Suffolk Construction lost a breach-of-contract contract lawsuit in July with a former drywall subcontractor's surety—but the contractor's payout may dramatically increase if the presiding U.S. district court judge in Miami allows the surety to collect $3 million more in requested attorneys' fees and trial costs. Reprinted courtesy of Richard Korman, Engineering News-Record Mr. Korman may be contacted at kormanr@enr.com Read the full story...

    Real Estate & Construction News Roundup (6/18/24) – Cannabis’ Effect on Real Estate, AI’s Capabilities for Fund Managers and CRE’s Exposure on Large Banks

    July 15, 2024 —
    In our latest roundup, hotel-to-apartment conversions take big leap, state governments pass squatting legislation, US regional banks risk having debt ratings downgraded, and more!
    • Reclassifying cannabis as a lower-risk substance could bring significant changes to the real estate sector associated with cannabis. (Margaret Jackson, Yahoo)
    • More than 60 of the largest banks in the country are at increased risk of failure due to their commercial real estate (CRE) exposures. (Florida Atlantic University).
    • As extreme weather grows in frequency and intensity, the nation’s patchwork of building codes have not kept up with modern conditions and if something goes wrong, contractors are not off the hook if they simply build to code. (Julie Strupp, Construction Dive)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    How Finns Cut Construction Lead Times in Half

    December 17, 2024 —
    Rakennustieto organized a Q&A on December 5, 2024, titled “Halving Construction Lead Times—Responsible or Irresponsible?” The discussion focused on speeding up residential construction and renovations. The experts answering questions were representatives from two Finnish contractors (COfLOW and Fira), a client organization (HOAS), a building materials retailer (STARK), and a research institute. Can you halve construction lead time without sacrificing quality? Jaana Matilainen of Rakennustieto asked the panelists whether halving construction time is a realistic goal today, whether they can provide any examples, and if the speed-up has increased or decreased quality. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Construction of World's Tallest Building to Resume With New $1.9B Contract for Jeddah Tower

    October 28, 2024 —
    Construction of the Jeddah Tower in Jeddah, Saudi Arabia—which is planned to be the world’s tallest building—is set to resume with original contractor Saudi Binladin Group Co. after a years-long pause, owner Jeddah Economic Co.'s parent company, Kingdom Holding Co., announced Oct. 2. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story...

    Haight has been named a Metropolitan Tier 1 and Tier 2 “Best Law Firm” by U.S. News – Best Lawyers® “Best Law Firms” in 2025

    November 11, 2024 —
    Haight Brown & Bonesteel LLP is listed in the U.S. News – Best Lawyers® (2025 Edition) “Best Law Firms” list with metro rankings in the following areas: Los Angeles
    • Metropolitan Tier 1
      • Product Liability Litigation – Defendants
    • Metropolitan Tier 2
      • Insurance Law
    Orange County
    • Metropolitan Tier 1
      • Product Liability Litigation – Defendants
    Read the full story...
    Reprinted courtesy of Haight Brown & Bonesteel LLP

    Insuring Lease/Leaseback Projects

    August 19, 2024 —
    Overview Several states utilize a unique statutory mechanism to allow school districts to finance the construction of public-school facilities. This arrangement (known as a “lease-leaseback agreement”) allows a school district to lease property to a contractor/developer, who then constructs or renovates a school facility on the property. Once the work is completed, the contractor/developer leases the school building back to the school district. The school district then makes lease payments over time, often many years, which can be structured in various ways to spread out the cost of construction. The arrangement typically requires a site lease for the land leased to the contractor/developer, a facilities lease for the lease-back of the school building to the school district and a traditional construction agreement. In some ways, the arrangement resembles a Public-Private Partnership (PPP) whereby a public entity collaborates with a private entity for the purpose of financing and delivering a project traditionally provided solely by the public sector. Reprinted courtesy of David G. Jordan, Saxe Doernberger & Vita, P.C. and Jeffrey J. Vita, Saxe Doernberger & Vita, P.C. Mr. Jordan may be contacted at DJordan@sdvlaw.com Mr. Vita may be contacted at JVita@sdvlaw.com Read the full story...

    Construction Litigation Roundup: “A Close Call?”

    August 05, 2024 —
    Not really, said a Florida state appellate court when a public construction project owner sued a defaulted general contractor after recovering from the general contractor’s surety. The general contractor, Close Construction, entered into a contract for a lift station rehabilitation construction project with the City of Riviera Beach in Florida. During the course of the work the public owner terminated the contract, whereupon the GC and the owner brought claims against each other in court. A jury ultimately held against the general contractor and in favor of the public owner in the amount of approximately $1.9 million. The general contractor appealed. On appeal, the general contractor noted that the public works surety which it was required by the contract to obtain for the project had hired another company to complete the work when the general contractor was terminated and had otherwise “settled with the District under its bond for $1,000,000.” Based on that settlement, the general contractor had moved, unsuccessfully, in the trial court for a post-trial setoff because the “settlement covered the same damages that the jury assessed” against the GC, and because the surety was “jointly and severally liable” with the GC – pursuant to the terms of the bond – for those damages. In essence, the general contractor sought to avoid having the public owner “obtain a double recovery.” Read the full story...
    Reprinted courtesy of Daniel Lund III, Phelps
    Mr. Lund may be contacted at daniel.lund@phelps.com

    Insurers' Motion to Determine Lack of Occurrence Fails

    August 19, 2024 —
    The federal district court, interpreting Massachusetts law, found there were genuine issues of fact as to whether the insured's mixing of biodiesel with home heating fuel was an occurrence. United States Fire Ins. Co. v. Peterson's Oil Serv., Inc., 2024 U.S. Dist. LEXIS 106980 (D. Mass. June 17, 2024). Homeowners sued Peterson's Oil Service, alleging that Peterson sold them fuel for home heating which contained more that 5% biodiesel. The homeowners further alleged that fuel containing more than 5% biodiesel did not meet industry standards and caued damage to their home heating equipment. Peterson allegedly did not fully disclose the presence of biodiesel in their fuel, despite knowing the risk posed by high-biodiesel blended fuel. The insurers, United States Fire Insurance Company and The North River Insurance Company, defended Peterson under a reservation of rights. United States Fire issued priomary policies with limits of $1,000,000 per occurrence and $2,000,000 as a general aggregate limit. An endorsement titled "Limited Coverage - Failure to Supply" limited the amount covered for "property damage arising out of the failure of any insured to adequately supply gas, oil, water, electricty or steam" to $250,000. North River issued umbrella policies with additional coverage in the amount of $15,000,000 per occurrnce and in the aggregate if property damage was caused by an occurrence. The umbrella policies also contained a "Failure to Supply Exclusion" which excluded coverage for "property damage arising out of the failure of an insured to adequately supply gas, oil, water, electricty or steam." Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com